Judge: Lisa R. Jaskol, Case: 22STCV00398, Date: 2024-01-03 Tentative Ruling

Case Number: 22STCV00398    Hearing Date: January 3, 2024    Dept: 28

Having considered the petitioning papers, the Court rules as follows. 

BACKGROUND 

On January 5, 2022, Plaintiffs Janet Cabrera, Julia Aleman, Eduviges Aleman, and Melanie Aria Sandoval, by and through her guardian ad litem Janet Cabrera, filed this action against Defendants Christopher Kent Baker (“Baker”), County of Los Angeles (“County”), and Does 1-50 for motor vehicle tort and general negligence. 

On March 3, 2022, the County and Baker filed an answer. 

On July 19, 2023, Plaintiffs filed a notice of settlement. 

On November 1, 2023, Petitioner Janet Cabrera filed a petition to approve the compromise of claimant Melanie Aria Sandoval’s pending action to be heard on December 5, 2023.  The Court continued the hearing to January 3, 2024. 

PETITIONER’S REQUEST 

Petitioner Janet Cabrera asks the Court to approve the compromise of the pending action of Plaintiff Melanie Aria Sandoval. 

DISCUSSION 

Petitioner has submitted a completed petition with all necessary attachments. 

Counsel requests an attorney's fee award of $2,000.00, which is 40 percent of the $5,000.00 gross settlement amount.  Counsel notes that Petitioner approved the retainer agreement that supports this request. 

California Rules of Court, rule 7.955, “requires a trial court, in determining reasonable attorney fees, to balance an attorney's interest in fair compensation with the protection of the interests of a minor client. Thus, a trial court ‘must give consideration to the terms of any representation agreement made between the attorney and the representative of the minor or person with a disability and must evaluate the agreement based on the facts and circumstances existing at the time the agreement was made.’ ” (Schulz v. Jeppesen Sanderson, Inc. (2018) 27 Cal.App.5th 1167, 1176-1177 (Schultz), quoting Cal. Rules of Court, rule 7.955(a)(2).) 

The Court has considered the factors listed in rule 7.955 and concludes that an attorney’s fee award of 30 percent is reasonable in this case.  (See Schultz, supra, 27 Cal.App.5th at p. 1175 [“Even if there is no benchmark starting point for attorney fees in cases under California Rules of Court, rule 7.955, a court may of course reasonably determine that 25 percent is an appropriate percentage in a given case”].) 

Therefore, the attorney's fee award will be $1,500.00, which is 30 percent of the gross settlement amount.  The net settlement amount for Claimant is $3,190.00. 

CONCLUSION 

The Court GRANTS the petition to approve the compromise of the pending claims of Plaintiff Melanie Aria Sandoval filed by Petitioner Janet Cabrera on November 1, 2023, with a reduction of the attorney's fee award from $2,000.00 to $1,500.00 and a resulting increase in the net settlement amount from $2,690.00 to $3,190.00.  The Court orders that the net balance of $3,190.00 be paid or delivered by settlement check to Petitioner Janet Cabrera at 13133 Fenton Ave Sylmar CA 91342, without bond, on the terms and under the conditions specified in Probate Code sections 3401-3402. 

The Court sets an OSC Re: Distribution of Net Settlement on March 4, 2024, at 8:30 a.m., in Department 28 of the Spring Street Courthouse. 

The Court sets an OSC Re: Dismissal of Case (Settlement) on March 4, 2024, at 8:30 a.m., in Department 28 of the Spring Street Courthouse. 

Petitioner is ordered to give notice of this ruling. 

Petitioner is ordered to file the proof of service of this ruling with the Court within five days.